Promoting Intimacy and Positive, Healthy, Consenting Adult Sexuality

Toronto Area Strip Club
Raids and Legal Issues

Some local police and Courts are again raising what we
thought was an issue long settled by the Canadian Supreme Court. However
in January, 2002 police are starting to watch some clubs and warn customers.

The following is from the Toronto Star
Jan. 18, 2002
Lap-dancing law given new life in court
Judges overturn rulings favouring GTA strip clubs
Tracey Tyler LEGAL AFFAIRS REPORTER
What constitutes "prostitution" and "indecency"?

The answers can be unpredictable, but that doesn't mean a law that's used to
stop lap dancing is so vague it's unconstitutional, Ontario's highest court
ruled yesterday.

In a decision that can only be seen as bad news for the owners of some strip
clubs, the Ontario Court of Appeal ruled 3-0 to overturn two lower court rulings
that stayed charges of keeping a common bawdy house against the operators of
Toronto's Brass Rail Tavern, as well as an "adult entertainment parlour" by the
name of Fantasia in Richmond Hill and another called Bunnies in Markham.

Two judges in earlier cases before the Ontario Court of Justice had concluded
the offence fails to meet constitutional standards because the definition of
keeping a common bawdy house - that it be a place used for prostitution or "acts
of indecency" - is too vague and ill-defined.

This has led to considerable discrepancies in court rulings across the country,
they said. The crown appealed the decisions and asked that the charges against
the club owners be allowed to go to trial.

In granting the appeal yesterday, Mr. Justice Robert Sharpe said that while
there is "considerable force" to the lower courts' rulings, it's really a
straightforward case of an issue that's already been decided by the Supreme
Court of Canada.

"There is binding authority holding that the offence of keeping a common bawdy
house, as well as the elements of that offence - `acts of indecency' and
`prostitution' - are not unconstitutionally vague," he said, writing for the
court.

As a result, it's "not open to us at this stage" to conclude that the law is
made unconstitutional because of differences of opinion on what standards of
decency the community is willing to tolerate, Sharpe wrote.

Calvin Barry, the prosecutor in the Brass Rail case, said many bar owners have
been under a misconception since the lower court rulings were handed down in
2000 and 2001 that "lap dancing was lawful again."

But Barry says he has been instructing police in Toronto to carry on "business
as usual." "Basically, it's a resource issue," he said. "If it's a very `in your
face' case, I've advised them to go ahead and lay charges."

The appeal court has clarified the status of the law in Ontario at a time of
increasingly conflicting judicial opinions on whether the law itself stands up
in court. Since the two lower court rulings, at least one other judge in the
same court concluded that the law was constitutional, Barry noted.

In staying the charges, the lower court judges believed the Supreme Court issued
rulings in two separate cases that laid out different standards for whether the
sexual touching of dancers inside partially enclosed booths in Quebec taverns
was unacceptably degrading to women and therefore constituted indecency.
Interesting comments from Bud Plug on Terb.ca regarding the article:
The quotes that are reproduced seem to say that a bylaw banning lap dancing is
not per se illegal, but such a finding does not mean that the application of the
law to particular facts would not violate the Charter. I think the result of the
case is that police can attempt to enforce local lap dance bylaws, but they can
only enforce it in circumstances where the lap dancing constitutes actual
prostitution (whatever that means) or indecency (whatever that means). So the
exact meaning of the law will still be unsettled. There are decisions out there
that say that touching of breasts is not indecent. It's still unclear how much
farther things can go before you cross the line.

More interesting to me is the gap between the legal rulings and enforcement.
Clearly, the upper courts (judges appointed by the Federal government, by the
way) feel compelled to voice disapproval, on behalf of "the public", of high
contact lap dancing. On the other hand, municipalities and police forces
(accountable to local taxpayers) seem reluctant to agressively pursue charges in
this area. I agree with the prosecutor who suggested that charges will only be
pursued in "in your face" situations. Local authorities, in other words, seem to
understand that they have far more significant problems to attend to, if
lapdancing is even a problem at all.

On another note, if anyone thought that Canadian society was no longer strongly
influenced by religion, these court decisions should disabuse you of that
notion. Obviously, no intelligent judge is seriously concerned that lap dancing
is any of:

1) a public health concern (if that were the case, I guess they'd start warning
us that you can get VD from toilet seats again),

2) a venue for taking economic advantage of women (if that was true, strippers
wouldn't be raking in so much cash),

4) a significant component of organized crime in Canada (if they were really
worried about organized crime, they wouldn't allow biker conventions and they'd
be much more interested in legalizing prostitution).

In my view, these decisions are not so much about achieving anything as they are
about mouthing that religious staple "Sexual contact of any kind outside of
marriage is bad". I guess whoever says it loudest and most often must be the
best person (right!).

Personally, I wish judges would wrestle over the conflict between their
purported religious beliefs and their actual conduct and desires in private,
like the rest of us do, rather than purport to hold out that "they have
everything in check, and so should you, because that's the law!" Frankly, it's
typical self-denial bullshit that the major religions (all of them) have been
peddling for centuries.

The lap dances at
Toronto Strip clubs seem to be the more liberal than in many other
Canadian cities. Wherever I have gone, in Canada, Thailand,
Philippines or Mexico, I have researched the legal situation and seek
to understand and respect local laws and customs.

There is a long history
of police raids in Toronto both before and after the Canadian Supreme
Court decision that lap dancing itself is legal as long as there is no
overt sex. Nude laps with body caressing, breast massage etc seems
fine in some cities, Toronto itself it seems is more restrictive on
breast touching. Any penetrative sex, in a strip club, is
clearly illegal and violates both local bylaws and the Canadian
Criminal Code.

However, it seems
Toronto guys want sex in strip clubs even though there are so many
legal options (outcall escorts) that don't put a club at risk
(and incidentally everyone in it, regardless if the have knowledge or
are participating) for a bawdy house violation if sex is
occurring.

A Metro Toronto bylaw
enacted in 1995 and still in place is quite clear about what may not
take place in any of the city's 42 licensed adult entertainment
parlours. "No attendant shall, while providing services as an
attendant (in an adult entertainment parlour), touch or have physical
contact with any other person in any manner whatsoever involving any
part of the person's body," the bylaw says.

In 1998 massive raids
were conducted with hundreds of dancers and customers arrested.
Some were having sex in cubicles. Some were arrested for simply
being in a bawdy house since once sex was found to be occurring, it
was considered an illegal bawdy house. Every "inmate" of a
bawdy house even if they have no knowledge or participation can be
arrested. This is an interesting and unjust in my view, aspect of
Canadian law.

Then comes the late 1999
Canadian Supreme Court decision. Touching
dancers by customers including sexually is legally supported as
long as it does not involve "masturbation, fellatio, penetration
or sodomy." See my extensive
report on the Supreme Count Decision in my Montreal report.

But this does not invalidate a licensing
bylaw, it just can not be subject to bawdy house violations. But
a club still could lose its license. It seems that most of the
Western area clubs outside Toronto itself are following this liberal
Supreme Court Decision. This is where I had such wonderful nude
lap dance intimacy experiences. However Toronto seems to be
enforcing no breast touching making enforcing a bit more
conservatively its licensing bylaw.

More
Raids in 2000 when overt sex continues at Strip Clubs- The ones I
enjoyed the most but not trying to get any illegal sex! And I
was never offered sex. My visits were four months after the
raids.
74 charged after strip club raids UPDATE: ALL CHARGES DISMISSED AS
OF 4/01 ACCORDING TO VARIOUS SOURCES! It is very hard to prove
bawdy house charges, especially in a lap dance club since only overt sex is
subject to bawdy law. Of course escort outcall sexwork is totally legal in
Canada as in most of the world, except the U.S.
Toronto Star excerpts
More than 50 dancers in three Mississauga strip clubs, which police allege were operating as bawdy houses, are facing charges following simultaneous raids by more than 300 officers.

Thursday night's raid was the largest one-night blitz so far by officers working with the year-old Project Almonzo - a joint-forces operation targeting prostitution in strip clubs throughout Greater Toronto.

Altogether, 74 people were charged with more than 90 criminal code offences following the 10 p.m. raids at two Brampton strip clubs - the Million Dollar Saloon on Torbram Rd. and the Cannonball Tavern on Advance Blvd. - and at the Cabaret-Locomotion Tavern on Eglinton Ave. E. in Mississauga.

Investigators allege prostitution offences were being solicited by the dancers inside the clubs and committed by dancers inside private areas within the
establishments. ''Our investigation revealed that sexual acts from masturbation to intercourse were being performed inside these clubs,'' said Inspector John Nielsen of Peel Region Police's morality unit during Friday's news conference.
''Our officers were offered masturbation for as little as $40 to intercourse for $140.
Six of the dancers were found to be illegally in the country and are now being dealt with by immigration officials, Nielsen said.
''These women were all from Hungary,'' Nielsen said.

The majority of the charges laid were for keeping a common bawdy house, permitting a common bawdy house, being inmates of common bawdy houses and found-ins at common bawdy houses.
The 55 dancers arrested were charged with being inmates of a common bawdy house. Doormen and managers of the clubs were charged with keeping or permitting common bawdy house.
''Anybody who we established was exercising some authority or control over the dancers were charged with either keep or permit a common bawdy house,'' Nielsen said.
Another 10 customers, who were having lap dances performed for them in semi-private areas, were charged as found-ins, Nielsen said.
Police also charged four people with drug offences for possession and trafficking of marijuana and cocaine.
Police say all three clubs are owned by John Sit, 49, of Woodbridge. He wasn't in the clubs when they were raided and no charges have been laid against him at this time.

More than 25 clubs have been raided by Project Almonzo officers since the task force was formed last June. More than 700 charges have also been laid against dancers, staff and patrons.

A person commented in a discussion group:
I am friends with a couple dancers who are nice, normal people - not like some of the mega-bitch sluts decribed on this board. They were busted (the whole club was) and charged and they were terrified, absolutely terrified for weeks. It's not just a light fine - it's cops with automatic rifles and dogs, its expensive lawyers, court dates, humiliation, and for some deportation.

Richmond Hill has no legislative authority to ban strip clubs despite vocal community opposition, the Ontario Municipal Board has been told.
``Richmond Hill council has always taken the position that if they could prohibit, they would,'' planning commissioner Janet Babcock told an OMB hearing yesterday.

Babcock was defending a town bylaw that would allow two adult entertainment parlours to open in a small industrial park east of Yonge St. and south of Elgin Mills Rd. E.
Only the province has the power to outlaw strip clubs or to give municipalities the right to do so. Pleas from Richmond Hill politicians to the Tories have so far fallen on deaf ears, Babcock testified.
A town resident is asking the OMB to overturn the bylaw that was adopted in March, or at least implement larger setbacks for the clubs from the surrounding community than the 70 metres and 120 metres outlined in the bylaw.

Nearby residents say the bylaw would create a red light district within their
neighbourhood. But the ban on strip clubs was defeated in court and council eventually came up with a plan to limit adult entertainment parlours to a neighbourhood known as the Enford Road Industrial Area.
Babcock said town council first looked at creating a strip club zone in the upscale East Beaver Creek commercial area, which already houses dozens of massage
parlours. But the politicians relented after protests from influential area merchants and businesses, including a major bank, and the attention shifted to
Enford. ``I think it's fair to say those in East Beaver Creek have had their share of the sex trade industry,'' Babcock said. ``Nor should one area have to bear the complete burden of the sex trade.''

Council did not consider a 230-metre to 300-metre buffer from residential property, suggested by residents, because it would make the entertainment zone too small for two establishments to set up business.
This would, in effect, be a de facto ban, something that would likely be quashed again by the court, Babcock testified.

Posters descriptions of other raids:I was at Bunny's the Friday afternoon when it was busted. I was not in the VIP, but was standing at the side bar near the stage just having a drink. I was lucky. Things happened very quickly...within 30 seconds, there were police everywhere. Four or five guys were fully decked- out in SWAT gear. They must have come through more than one entrance. The doorman might as well have not been there (i.e. no protection or warning for the patrons, and if you have any thoughts of getting out of there, you can forget
it.) The cops scoured the VIP area, and nailed the girls and patrons. Patrons in the VIP were charged as found-ins in a common bawdy house. Everyone in the bar was detained for about an hour while the cops asked for ID and ran a check on each
person (including me). People who were there "just having a drink" were allowed to leave without further hassle. It was pretty scary, and obviously had the desired effect. I haven't been back to Bunny's, and I hear it is pretty much dead now.

I was present at one of the Feature raids, in the VIP yet, but as far as customers go, they only charged to two guys gettings dances. The rest of us were asked if we had ID with us, and after about 15 minutes of checking things out we were allowed to leave. I couldn't help but feel sorry for one guy. All was doing was getting your basic dance...nothing else, and the next thing he knows he is being read his rights or something to that effect.

The big thing they seem to be targeting is illegal aliens and 'white slavery'. I haven't spent any time in TO
bars ,but one of the MPs I went to featured a deeply miserable Russian woman who obviously hated the job, and the look in her eyes was sickening-she was not there by choice. From these posts it sounds like some TO strip joints were approaching that level of sleaze.

"Indecent"
charges brought against Gay club
Toronto Sun January 20, 2000: Gay club owner slapped with fine Kept bawdy house, allowed stage sex The manager of Toronto's best-known gay strip club that staged Sperm Attack Mondays was sentenced yesterday to 100 hours of community service and ordered to donate $1,000 to an AIDS charity.

Ontario Court of Justice Judge Bruce Young also placed Keneth McKeigan on one year's probation and granted him a conditional discharge after he was found guilty last month of keeping a common bawdy house and allowing an indecent performance at Remingtons.

The show -- which ran between Nov. 20, 1995 and Feb. 19, 1996 -- featured male dancers masturbating and ejaculating on stage while patrons reportedly arrived wearing raincoats.

The GOOD News About
these RaidsSince legal sex is so easily available,
often at less than what one would spent at a strip club for an illegal
sex act, the recent raids probably make it less likely that clubs will
allow or that dancers will offer the clearly illegal services.
That might make the clubs safer for us that enjoy naked cuddling,
caressing a beautiful body and the medically beneficial breast massage
I enjoy giving. None of these violate "bawdy" per the
recent Canadian Supreme Court decision.

UPDATE: ALL CHARGES DISMISSED AS OF 4/01 ACCORDING TO
VARIOUS SOURCES!

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